Fairness in Criminal Appeal: A Critical and Interdisciplinary Analysis of the ECtHR Case-Law

This book explores the European Court of Human Rights' fairness standards in criminal appeal, highlighting violations of Article 6 by eighteen Council of Europe States in various cases. It critically engages with case-law and law revisions, incorporating insights from criminal procedure theory and cognitive sciences to assess the Court's jurisprudence's adequacy and limitations.

Format: Hardback
Length: 213 pages
Publication date: 11 February 2023
Publisher: Springer International Publishing AG

This comprehensive book delves into the fairness standards of the European Court of Human Rights (ECHR) in criminal appeals, offering a valuable contribution to a relatively under-researched area of studies. Building upon the requirement of a fair trial within a reasonable time, the Court has identified numerous violations of Article 6 of the European Convention on Human Rights at the appellate level, particularly in cases involving the overturning of first instance acquittals and the increase of sentences on appeal.

In its examination, the book critically engages this case-law with the recent law revisions implemented in European countries, as well as with the critiques and challenges that it continues to raise. Moreover, it intertwines insights from criminal procedure theory with groundbreaking discoveries in the fields of cognitive sciences, including neuroscience of memory, philosophy of knowledge, and artificial intelligence (AI), providing an interdisciplinary perspective on the inadequacies and limitations of the Strasbourg Courts jurisprudence.

The book begins by providing an overview of the ECHR and its role in protecting human rights in Europe. It then explores the principles of a fair trial and the importance of ensuring the right to a speedy and impartial hearing. The Court's case-law on Article 6 is examined in detail, highlighting the violations that have occurred and the legal frameworks used to address them.

The book also discusses the impact of the Court's jurisprudence on criminal justice systems in European countries. It examines how the Court's decisions have influenced the interpretation and application of national laws, as well as the development of criminal procedure practices. The book also considers the challenges faced by national courts in implementing the ECHR's standards in criminal appeals, including issues such as resource constraints, lack of expertise, and political interference.

In addition to its analytical approach, the book offers practical insights into the implementation of the ECHR's standards in criminal appeals. It provides recommendations for reforming criminal justice systems to ensure greater compliance with the Convention's provisions, as well as for improving the effectiveness of the ECHR's oversight mechanisms.

Overall, this book is a valuable resource for scholars, practitioners, and policymakers interested in the fairness standards of the ECHR in criminal appeals. It provides a comprehensive and interdisciplinary analysis of the issue, shedding light on the challenges and opportunities facing the Court and the broader criminal justice system in Europe.

Weight: 512g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031130007
Edition number: 1st ed. 2023